1. Scope and information about the seller
1.1 The present ’General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between Edco Cycling Pacific Pty Ltd (hereinafter referred to as ’Edco’) and its customers purchasing products (hereafter referred to as 'Products') sold via the Edco own web shop edco.ch (hereafter referred to as 'Site').
If you are using the Site, Application or Services the present ’General Terms and Conditions’ (hereinafter referred to as ’GTC’) govern the rights and obligations between Edco and its customers.
1.2 Edco reserves the right to modify these GTC from time to time. The GTC in force at the time the contract is concluded, i.e. the date when Edco confirms customer’s order, shall apply.
1.3 For further informations about the seller, consult the Legal Notice.
2. Conclusion of Contract
2.1 The display of the Products and the indications of prices on the Site do not constitute legally binding offers but are only invitations to customer to submit a binding offer.
2.2 Edco does not issue acceptances of orders but only confirms the entry of the customer’s order. Edco’s actual delivery shall constitute Edco’s acceptance and shall determine the relevant subject matter and extent of the contract between the parties, also in cases of advance payment by the customer, i.e. also if Edco debits customer’s credit card account indicated by the customer. Edco reserves the right to refuse customer’s offer and not to deliver the ordered Products if they are not available from Edco’s suppliers and/or manufacturers. The publication of specifications, scopes of delivery etc. in the web shop shall by no means be legally binding; only the Products manufacturer’s actual specifications and the actual scope of delivery at the time of delivery to Edco shall be relevant. If Edco cannot deliver the ordered Products to the customer in accordance with customer’s order (price and Product specifications) Edco refunds received advance payments to the customer.
2.3 Unless explicitly stipulated in writing by Edco, the delivery dates indicated by Edco shall only be non-binding reference points even though they are given to the best of Edco’s knowledge. This applies in particular if the manufacturer has delivery problems. Should a delivery be delayed beyond the date explicitly confirmed by Edco in writing, the customer may set a period of grace of at least three weeks. After expiry of grace period, the customer may withdraw from the respective order. Further claims are excluded.
2.4 Edco shall be entitled to cancel or not to carry out respectively confirmed orders at any time, especially if Edco’s suppliers do not supply Products to Edco. The customer acknowledges in particular that the Product’s sales prices are subject to change, e.g. that prices may be increased between the date of an order and the date of delivery by Edco in which case the customer may refuse the delivery of such Products. In such instances, Edco shall repay the purchase price, if paid (also in cases where customer’s credit card account, indicated by the customer, has been debited), for the Products which have not been delivered; further claims are excluded.
2.5 Modifications of the order or cancellations required by the customer are only valid if confirmed by Edco in writing. Costs already incurred to Edco may be charged to the customer.
2.6 Edco shall be entitled to partial deliveries, and the customer accepts partial deliveries.
2.7 No warranty is being given for all technical data and information regarding the scope of delivery, i.e. Edco shall not be liable for any damage which might arise because of deviations thereof.
3. Price and terms of payment
3.1 Prices payable by customer are those in the indicated currency and in effect at the time of acceptance of the order by Edco.
3.2 Prices indicated on the webshop are including Value Added Tax , excluding shipping charges (Edco normally offers free shipping and displays such fact clearly on the relevant sections of the webshop) and (only where applicable) import duties.
4. Payment and Delivery
4.1 Edco will charge credit or debit cards upon dispatch of the Products ordered. Edco reserves the right to verify credit or debit card payments prior to acceptance. Methods of payment accepted by us can be found on the Site.
4.2 In case of default in payment, Edco shall be entitled to suspend all, or parts of, further deliveries to the customer without further notice until payment has been received or secured.
4.3 Delivery methods and expected delivery time of Products may differ per country and are clearly indicated on the Site.
5. Risk and retention of title
Edco will only dispatch Products once payment in full has been received. Title to the Products will pass to Customer upon dispatch by Edco.
6. Right of withdrawal
6.1 Customer may cancel a contract and return any delivered product to Edco for any reason, provided that Customer has notified Edco in writing within 14 days of delivery.
6.2 To notify Edco about such return request and initiate the return process, Customer must follow the process as described on the returns section of the Site under Shipping & Returns.
6.3 The product must be returned to Edco in its original condition, meaning undamaged, clean and in the original packaging.
6.4 Edco refund the return shipping cost after receiving the product as stated in 6.3. Please note that expedited shipping will not be refunded in case of returns/exchanges.
6.5 Once Customer has notified Edco about the wish to cancel the contract, any sum debited to Edco will be refunded as soon as possible and in any event within 30 days of receiving the ordered item(s) back in our warehouse.
7. Goods damaged during transport
Should Customer notice that at delivery the products ordered have been damaged during transport, the employee of the carrier delivering the order should be notified and Edco’s customer service contacted under firstname.lastname@example.org. Not notifying the carrier or Edco about goods damaged during transport, would however not affect Customer’s warranty rights, however this helps Edco to raise a claim against the carrier or the transport insurance.
8.1 The Edco warranty period applies to products less than one year old from date of dispatch. Edco's warranty program does not cover defects due to normal wear and tear, damage due to misuse, alteration to the product, or negligence. All warranty claims are evaluated on a case by case basis and approved cases will qualify for a replacement pair free of charge. All further or other warranty claims are hereby expressly excluded.
8.2 Edco offers a crash replacement program for damaged products (please check the related topic on Warranty & Replacement.
9. Limitation of Liability
Edco shall only be liable for direct damages and only if the customer can prove that Edco, its auxiliaries or third parties instructed by Edco have acted with gross negligence or with unlawful intent. In any event, Edco’s liability shall be limited to the (purchase) prices of the delivery/service in question. Further liability for damages of any kind of Edco, its auxiliaries or third parties instructed by Edco shall be excluded. In particular, Customer shall not be entitled to claim compensation for damages not caused to the Product itself, such as loss of production, loss of use, loss of orders, loss of profits or any other indirect or consequential damage.
10. Applicable law and jurisdiction
10.1 For Consumers: Contractual relations covered by these GTC between Edco and Consumers shall be governed under local law of country of residence of Consumer. The court of jurisdiction for all such conflicts arising, directly or indirectly, out oft he contractual relationship between the parties shall be the the place of residence of the consumer.
10.2 For any other Customer: Contractual relations covered by these GTC between Edco and professional clients (resellers) shall be governed by Hong Kong law to the exclusion of international treaties, particularly the United Nations? Convention on Contracts for the International Sale of Goods of 11 April 1980 (the Vienna Convention). The court of jurisdiction for all such conflicts arising, directly or indirectly, out oft he contractual relationship between the parties shall be the one of Hong Kong. Edco shall be entitled to alternatively sue the customer at the general court of jurisdiction at his/her domicile.
11. Data protection
Edco complies with all data protection laws and will use data which could identify Customer only as set out in Privacy Statement.
12. Closing provisions
Should any of the provisions in the GTC be void, the rest of the contract remains in effect. In place of void provision, relevant law applies.